The Constitution.txt

The Constitution of the 
Principality of
Morton














Index
1. Incorporation of State
2. The State
3. The Capital
4. Sovereignty
5. Bill of Rights
6. Duties as an Obligation
7. Division of Powers
8. Rule of Law
9. Houses of Parliament and the Representatives
10. Powers and Jurisdiction of Parliament
11. Administration
12. The Tribunes
13. The Armed Forces
14. National Bank and Monetary Affairs
15. The State Treasury
16. Office of Auditor General
17. Office of Attorney General
18. Office of Prosecutor General
19. Enforcement of Law
20. The Census Bureau
21. The Election Bureau
22. Right to Referendum
23. The Judicature
24. Power of Judicial Review
25. International Relations
26. The Directive Principles and Purpose of Governance
27. Precedence of Constitution
28. Amendments to Constitution







Article 1. Incorporation of State
The Principality of Morton shall have government to safeguard the interests of the people and the state as a whole. Its territorial boundaries are as this government my by law determine. This state shall be DEMOCRATIC, SECULAR, SOVEREIGN REPUBLIC, which shall guarantee
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
PEACE AND SECURITY to every denizen;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;




















Article 2. The State
i. Changes in the boundaries of the territory  of the State may only be made by a law. Boundary changes between tribunes and the principality of existing ones also require a  majority  decision of the citizens residing there who are entitled to vote.
ii. Individual tribunes have the right to secede from  and accede to the State. A decision to initiate the secession procedure shall be taken by a majority of the citizens residing there who are entitled to vote. Secession and accession shall be regulated by  a  law or, as the case may  be, a  treaty.  In the latter event, a  second ballot shall be held in the commune after the negotiations have been completed.
iii. Any state institution, inclusive of those institutions that are in any manner funded by the state, are in no manner to create any reservation for any specific individual, race, creed, religion or any other criterion. 
iv. The state may recognize any language (which may be not more than 5) as official languages for business purposes of the State. The House of Representatives may pass a resolution to this effect.
v. The State shall have the power to enter into treaties and agreements with other entities and nations or state.



















Article 3. The Capital
i. The capital maybe as the House of Representatives may by resolution determine. Such a resolution may only be introduced in the house by a member of the house.
ii. The Capital shall have a special status and shall not be constituted in any tribune. It may have its own governing corporation.
iii. The territorial limits of the capital shall not belong to any tribune.
























Article 4. Sovereignty
	The state shall be a sovereign state that shall have the powers to govern itself and enact laws and regulate 	all activities, within the provisions of this constitution, as it may deem necessary.

























Article 5. Bill of Rights
i. Every citizen  shall be freely  entitled to reside in any  locality  within the territory of the State and to acquire property of any description, provided that he observes the detailed legal regulations relating to such matters.
ii. The domicile rights of aliens shall be determined by treaties or, in their absence, on a basis of reciprocity.
iii. Persons staying within the territory  of the Principality  shall be bound to observe its laws and shall be entitled to the protection afforded by the Constitution and the other laws of the land.
iv. All citizens shall be entitled to rights in conformity with the provisions of the present Constitution.
v. All citizens  who have completed their 20th year, have  their  normal residence in the Principality  and whose right to vote has not been lost may exercise all political rights in matters of State, except unless the parliament may by law determine.
vi. The conditions under which citizenship rights may  be acquired or forfeited shall be determined by law.
vii. All citizens shall be equal before the law. The public offices shall be equally open to them, subject to observance of the legal regulations.
viii. Except in the cases specified in law and in the manner thus prescribed, no person may be arrested or detained in custody, no houses or persons maybe searched and no letters or written matter may be examined or seized.
ix. Every person shall be entitled to freely  express his opinion and to communicate his ideas by  word of mouth or in writing, print or pictures within the limits of the law and morality; no censorship may be exercised except in respect of public performances and exhibitions.
x. Nobody may be deprived of his proper judge; special tribunals may be instituted only in the interest of justice. Nobody  may  be threatened with or subjected to penalties other than those provided by the law.
xi. Accused persons shall have the right of defense in all penal proceedings.
xii. The inviolability  of private property  is guaranteed; confiscation may only take place in such cases as determined by law.
xiii. Copyright shall be regulated by law.
xiv. The procedure for expropriation shall be regulated by law.
xv. Where necessary  in the public interest, property  of any kind maybe compulsorily assigned or subjected to an encumbrance, against appropriate compensation, the amount of which in cases of dispute shall be determined by the courts.
xvi. Trade and industry  shall be free within the limits prescribed by law; the extent to which exclusive commercial and industrial privileges may be admissible for specified periods of time shall be regulated by law.
xvii. Freedom of belief and conscience, religious or otherwise, are guaranteed for all persons.
xviii. Every person has a right to an environment that is conducive to health and to natural surroundings whose productivity and diversity are preserved.
xix. Every person has the right to live. This right may be curtailed and a death sentences may be given only by procedure established by law.
xx. People have the right to abstain from casting their vote.
xxi. Every person shall have the right to live. A death sentence maybe granted to a person only in the event of a criminal proceeding or in case of Right Lapse and shall be stipulated by law.
xxii. The right of free association and assembly is guaranteed within the limits prescribed by law.
xxiii. The right of complaint is guaranteed. Any citizen shall be entitled to lodge a complaint regarding any action or procedure on the part of a  public authority which is contrary to the Constitution, the law or the official regulations and detrimental to his rights or interests. Such complaint shall be ad-dressed to that authority  which is  immediately  superior to the authority concerned and may,  if necessary,  be pursued to the highest authority,  except when the right of recourse may be barred by a legal restriction. If a complaint thus submitted is rejected by the superior authority, the latter shall be bound to declare to the complaining party the reasons for its decision.
xxiv. Everyone shall have the right to respect for his privacy, without prejudice to restrictions laid down by or pursuant to law. Rules to protect privacy shall be laid down by law in connection with the recording and dissemination of personal data. Rules concerning the rights of persons to be informed of data recorded concerning them and of the use that is made thereof, and to have such data corrected shall be laid down by law.
xxv. All persons who have attained 20 years of age shall be entitled to the right to vote for a representative, provided they have completed their education up until the 10th year from a recognized board of education and are not deemed to be of unsound mind by any court of law, have the right to vote. They may not sell their vote nor buy another person's vote. Certain other restrictions on this right may be prescribed by law.
xxvi. All citizens and juridical individuals have the right to lobby the Parliament. This right may be regulated by Parliament by law.



















Article 6. Duties as an Obligation
i. Every man fit to bear arms shall be liable, up to the completion of his 60th year, to serve in the defense of his country in the event of emergency.
ii. No person shall violate another's rights unless it by law be required to do so.
iii. It shall be the duty of every person whether citizen or not, to protect the rights applicable to them, and if necessary, take action to against or to prevent their violation.
iv. The person violating any of the rights of a person, unless in accordance with the law, shall be liable to any form of corrective action or punishment as stipulated by law.























Article 7. Division of powers
i. The State shall be divided into three branches, namely, the Legislature, the Executive and the Judiciary.
ii. The Judiciary shall be separate and independent of the other two branches which are bound to follow its commands in the form of judgments and in any other manner as the law may prescribe.

























Article 8. Rule of Law
i. Law is the basis of all activities and it is inclusive of this Constitution.
ii. Law alone can place limitations on all activities.
iii. State activity must be in public interest and in proportion.
iv. State institutions and private persons must act in good faith.
v. The State and its Tribunals always respect International law.
























Article 9. Houses of Parliament and the Representatives
i. The Parliament shall consist of the House of Representatives as well as the Executive Council.
ii. The central legislature shall be the House of Representatives. It shall consist of 20 members..
iii. The House shall elect a new chair person at the start of every session. The post shall rotate among the tribunes in an alphabetical order.
iv. Representatives shall receive from  the State Treasury  a  daily  allowance and travel expenses as prescribed by law.
1. Term of Parliament
i. The term of the Parliament shall be 4 years.
ii. The House must be working for at least 200 days in a year.
2. Election to Office
i. Members maybe elected to the House of Representatives by the people of the state by the System of Proportional Representation through a secret ballot.
ii. Seats shall be rearranged in accordance with the population of each tribune prior to every alternate election.
iii. The Parliament may make laws to restrict and regulate the right of people to vote provided there is no violation of the provisions of this constitution.
3. Designation of Electorates
i. The parliament may by law create, merge or separate electorates, only after a plebiscite to such a referendum is voted upon by the members of the concerned electorate.
ii. The same shall also apply for the creation, merger separation of Tribunes.
iii. Every elected representative shall be bound to conduct his proceeds in accordance with his manifesto if he has released any such document, unless he has a valid reason to justify his actions to the contrary.













Article 10. Powers  and Jurisdiction of Parliament
The following shall define the powers and the jurisdiction of the Parliament.
i. participation in the work of legislation in accordance with the Constitution;
ii. participation in the conclusion of treaties;
iii. the establishment of the annual budget and the authorization of taxes and other public dues;
iv. resolutions on credits, pledges and loans chargeable to the State, and the purchase and sale of State property;
v. the resolution on the annual report furnished annually by the Government on the whole of the State administration; 
vi. the submission of suggestions and complaints and the exercise of control with regard to the administration as a whole;
vii. Taking  measures  to  safeguard  external  security  and  the  independence  and  neutrality of the State;
viii. Taking measures to safeguard internal security;
ix. Taking measures to enforce law;
x. The House of Representatives may by a 3/4ths vote, veto an action of the Executive Council.
xi. In all situation leading to the applications of sections X, the Council has the right to present itslef in defense.
xii. Both the House of Representatives shall have equal powers unless otherwise specified only in this constitution.
















Article 11. Administration
i. The administration of the state may be carried on by an 8-member Executive Council answerable to the House of Representatives and people. The Council shall be headed by a President who is elected from amongst the members of House of Representatives.
ii. The Deputy Chancellors of each tribune may nominate up to three persons for the Council, however, they may not nominate themselves.
iii. It shall be up to the President to select his members of Council from amongst the persons nominated by the Deputy Chancellors.
iv. The members of the Council have individual responsibility  to the Parliament.
v. The President of the Council may be elected from amongst its members at the start of each year after the year of election. However, the person nominated shall retain his/her seat in parliament if they hold a seat.
vi. The Parliament may regulate upon membership to the Council.
vii. The Council may enact Decrees which lapses within eight weeks from  the day of its issue, unless passed by the House of Representatives.
viii. For any misaction by this council, only the Supreme Court may be judge of it.
ix. The Principality shall be divided into tribunes, the boundaries of which the parliament may by law determine.
x. Industrial Guilds may be regulated by Parliament.
xi. Every tribune shall have a Tribunal headed by a Deputy Chancellor who shall report directly to the Executive Council.
xii. The Deputy Chancellor shall be elected by the industrial guilds of the region.
xiii. This Tribunal may be comprised of eight members selected by the Deputy Chancellor.
xiv. Without the approval of the House of Representatives, no direct or indirect taxes or any other public dues or general levies, under any designation whatsoever, maybe imposed or collected. The fact that this approval has been given must be expressly mentioned in the tax demand notice.
xv. The system  by  which all public taxes and dues are to be apportioned, their incidence on persons and objects, and the manner in which they are to be collected shall also require the approval of the House of Representatives.
xvi. Taxes and dues shall normally be authorized for the period of one administrative year.
xvii. New permanent civil service posts may only be created with the assent of the Diet.  Candidates for permanent employment in the Liechtenstein civil service must possess civic rights in the Principality, without prejudice to any further conditions required by the present Constitution and treaty obligations. No exception to this rule may be made without the assent of the House of Representatives.
xviii. The organization of the authorities shall be determined by  legislation. Subject to treaty  obligations ,all authorities must have their seat within the territory of the State; collegial authorities must include at least a majority of citizens.
xix. The State, the communes and other corporations, establishments and foundations of public law are liable for damage caused to third persons by individuals acting as their bodies who in their official capacity  act illegally. In the case of willful damage or gross negligence, restitution by the responsible persons is reserved.
xx. Individuals acting as bodies are answerable to the State, the tribune, or other corporation, establishment or foundation of public law which they serve for any  damage directly  caused to such bodies through the willful or grossly negligent breach of their official duties.



Article 12. The Tribunes
1. The creation, division, accession and secession of tribunes shall be regulated by law.
2. The Tribunes shall have Deputy Chancellors.
3. All Deputy Chancellors shall be members of the Inter-Tribunal Administrative Directorate.
4. The ITAD shall be answerable to the House of Representatives.

























Article 13. The Armed Forces
1. There creation and regulation of armed force maybe done by the government by law. 
2. The armed forces shall be organized as a militia.
3. Any armed force shall have the de-facto and de-jure responsibility to prevent war, defend the country, to maintain peace, to protect the people and to lend support to the civil authorities in emergencies.
4. All persons in the armed forces shall be regulated by law and for any of such personnel's misaction while in service of the armed forces shall be regulated by law and such cases shall be brought before specialized courts as stipulated by law.
5. All persons above 21 years of age must undergo military training unless he/she may have any disability as stipulated by law which may disqualify that person from undergoing such training.






















Article 14. National Bank and Monetary Affairs
i. There shall be a National Bank, namely, the Reserve Bank of Principality of Morton.
ii. It shall regulate the banking sector and monetary policy.
iii. It shall hold reserves and shall act as the watch dog on banks and any such entity that it may regulate.
iv. The National Bank holds the right to review the annual budget of the Executive Council prior to its enactment and advise it in the same capacity.
v. The National Bank shall be independent of the Government and shall monitor fiscal as well as monetary policy.
vi. Further regulations on the National Bank, the Parliament may by law determine.

















Article 15. The State Treasury
i. The Treasury shall have A Secretary.
ii. He shall submit a quarterly report to the Auditor general concerning all accounts of the treasury.
iii. The Treasury may take loans from other banks and authorities upon receiving a proposal to such effect from the Executive Council for any deficit of budget.
iv. The Secretary may be appointed by a procedure as stated by law of Parliament and must possess the necessary qualifications to perform his/her job.

























Article 16. Office of Auditor General
i. The Auditor General shall be the head of the auditing department.
ii. The process of his appointment must be impartial and his powers should enable him to perform his duty to audit the working of the Parliament, and Executive freely without restriction.
iii. He shall have enough resources to conduct his duty at all times.
iv. The process of his appointment, powers and the regulation and organization of the office the Parliament may by law determine.
v. He or she must present a report before Parliament at the start of every year.
vi. His duty shall be to ensure better accountability and expenditure by Parliament in accordance with its Budget.
vii. He shall also ensure that the budget deficit of parliament does not exceed 35% from the actual availability in the State Treasury.
viii. He may file charges against the State in the Supreme Court for any discrepancy that is not cleared by the State at his notice and informing.
ix. With regard to the State administration, the Government shall submit to the House of Representatives for examination and approval preliminary estimates of all expenditures and revenues for the coming administrative year, accompanied by  proposals for the taxation which is to be levied.
x. Any Financial action by the Executive Council shall require presence and participation of the auditor general as well as the secretary of the treasury.

















Article 17. Office of Attorney General
i. There shall be an Attorney General.
ii. He shall represent the State in all cases and judicial matters.
iii. He shall have enough resources to conduct his duty at all times.
iv. He may be appointed by the Executive Council.
v. He shall be a registered advocate of the Supreme Court.
vi. He must submit an annual report to the Supreme Court concerning judicial matters and actions taken by the Executive Council.
vii. He may advice the Executive Council on all judicial matters.
viii. He may represent the nation at the International Court of Justice or appoint a person to do so.
ix. He shall regulate the registration of advocates and certain other judicial matters as the Parliament may by law determine.
x. He shall be entitled to a salary equal to that of the members of the Executive Council.
xi. He may represent any member of the Executive Council before the House of Representatives.  















Article 18. Office of Prosecutor General
i. There shall be a Prosecutor General.
ii. He shall conduct all prosecutions against the State or any other entity.
iii. He shall be appointed by the Supreme Court in consultation with the Deputy Chancellors.
iv. He shall appoint the prosecutor heads of all electorate.
v. His appointment and working may be regulated by Parliament.
vi. However, the Parliament may in no way impede the ability of the Prosecutor General to conduct his duty.
vii. It shall be his duty to ensure that the laws and that the actions of the Parliament in no manner violate the provisions of the Constitution.






















Article 19. Enforcement of Law
i. The State has the power to create any such institution and designate any such official as maybe required for the preservation as well as the enforcement of the law. 
ii. The incorporation, constitution and powers of such organization the Parliament may by law determine.
iii. A charter shall be drawn by the State to constitute and regulate the interest of all parties involved or affected by such an institution.
























Article 20. The Census Bureau
i. The Census Bureau shall be constituted with the Chief Commissioner heading the Bureau.
ii. He may be appointed by the President in consultation with the Deputy Chancellors for a period of 10 years.
iii. His duty shall be to conduct a survey of all persons residing in the territory of the State and all citizens whether living within the nation or abroad..
iv. He working may be regulated by  Parliament by law.
v. However, this in no manner shall impede him from performing his duty.























Article 21. The Election Bureau
i. The Election Bureau shall have  Chief  Commissioner who shall be appointed in such a manner as he may be impartial in the actions he takes.
ii. The Election Bureau shall be regulated by law.
iii. The Bureau shall be independent of the parliament and judiciary, and it shall have the right to regulate all public elections of the State.
iv. The courts shall judge any dispute involving the Election Bureau.
v. He shall have all resources as he may need to conduct free and fair elections to all seats of Parliament.























Article 22. Right of Referendum
i. Every citizen has the right to issue referendum to petition the government for any changes in policy, law or amendments to the constitution.
ii. The actions prescribed by a referendum stand incorporated into the State if passed by a simple majority of the population, except and unless it demands an amendment to the constitution.
iii. This right may also extend to Tribunes and corporation in a manner that may be prescribed by law.
iv. If a referendum is passed by the people of an electorate or a tribune, the representative/s of that electorate or tribune are bound to propose the bill in the House of Representatives and vote in favor of it, when the bill is put to vote. 
v. The representative shall have a time period of one year to place it before Parliament from the date on which the referendum is passed. 





















Article 23. The Judicature
i. The Judicature of the State shall comprise of the Supreme Court with High Court of Appeal established for each Tribune. 
ii. All courts within the territorial limits of the state shall be courts of record and shall be bound to give similar judgments in similar circumstances.
iii. The Supreme Court shall be the apex court and all other courts shall be under its jurisdiction.
iv. The Supreme Court  and High Courts shall have the sole right of interpretation of Constitution.
v. Each Electorate shall have a Circuit Court headed by a Judicial Commissioner.
vi. The organization of the courts, the procedure and the scale of fees shall be laid down by law. 
vii. The judgment of any court cannot be changed or challenged by the State or the people. Only a higher court can quash, change or overturn the judgment of a lower court.
viii. The judges, within the lawful limits of their powers and when engaged in judicial proceedings, shall, in the exercise of their judicial office, be independent. Their decisions and judgments shall be accompanied by  the grounds for such. The influence of non-judicial bodies on these decisions and judgments is only  permissible to the extent expressly provided for by the Constitution.
ix. It shall be the duty of the state to ensure the safety of the judges and enable them to grant judgments impartially, without any fear regarding any harm to their personal safety or that their family.
x. The judges of every have the right to independent judgment within the jurisdiction of the court concerned.
xi. Jurisdiction on all civil and criminal matters shall be exercised in the first instance by the Circuit Courts.
xii. The procedure for civil and criminal law as well as penal codes shall be laid down by Parliament.
xiii. No judge upon retirement or otherwise practice law or get elected to any in the Legislature or Executive of the State until at least 8 years from the date of leaving office, except if he is appointed to another higher judicial position.
xiv. All judges of Supreme Court shall be appointed by the Executive Council in consultation with the Deputy Chancellors of the tribunes as well as the judges of High Court.
xv. Judges of High Court shall be appointed as before along with the consultation of the Supreme Court judges.
xvi. The judges of the Supreme Court or a High Court may from amongst themselves appoint a judge as the Chief Justice.
xvii. The Justices of all courts lower than the High Court may be appointed by the Chief Justice of the High Court in consultation with the judges of that High Court.










Article 24. Power of Judicial Review
i. The Supreme Court shall have the non-negotiable, exclusive and non-distributable power of judicial review. 
ii. It shall be duty of the Supreme Court to curtail and prevent any action, inclusive of the enactment of any such law, by any individual, or group of individuals, including the state, that may violate the provisions of this constitution in any manner.
iii. Every 5th year, the Supreme Court shall appoint six judges from amongst all the judges in the state to conduct a Judicial Revision to review and revise the judgments of the Court and the Law as it may deem necessary  and propose changes to the Law in the form of a Bill to the Executive Council. The Council may enact the proposals in part of whole as a Decree as it may deem necessary. However, the Council must present the Bill before Parliament under any circumstance.
iv. If the Supreme Court deems any referendum as "Important", it has the right to issue an order of review, post which the Parliament is bound to review that referendum within two months from the date of such issue.






















Article 25. International Relations
i. The State has the power to enter into treaties and agreements with other bodies and governments.
ii. It may establish a body under the jurisdiction of the Parliament for enhancing and improving foreign and international relations and establish institutions within and outside the nation as may be required to achieve this.
iii. Such an institution may establish embassies, consulates and appoint any such personnel for carrying on personal relations as may be necessary. These shall be regulated by law.
iv. The Principality shall abide by the Vienna Convention on Diplomatic Relations.























Article 26. The Directive Principles and Purpose of Governance
1. These principle shall govern every action of the state in every manner and for any person who desires to understand the reason for any action of the State may refer to these principle to justify them and understand them.
2. These may be referred to justify and judge any controversial action of the government provided the state can allocate resources to its defence and doing so lies within the interests of the people as a whole.
i. To protect liberty and rights of the people,
ii. To safeguard the independence and security of the country,
iii. To promote common welfare, sustainable development, inner cohesion and cultural diversity of the country,
iv. To secure to all citizens, as far as possible, equal opportunities,
v. To work for safeguarding the long term preservation of natural resources,
vi. To promote a just and peaceful international order,
vii. Children should be allowed to develop in a healthy manner and should be protected against exploitation and against moral and material abandonment and their abuse shall be prevented.
3. The Government shall be entrusted with the execution of the present Constitution
4. The Government shall prepare the laws provided for in the present Constitution with all possible dispatch, and shall proceed with them  as laid down in the Constitution.

















Article 27. Precedence of Constitution
i. The state and all its proceeds including its territory are governed by this constitution and through the law and regulation that its provisions may provide. 
ii. No action, regulation or law enacted within the jurisdiction of this constitution may violate its provisions in any manner. 
iii. Any such provision may be declared null and void by the Supreme Court by its power of judicial review.
iv. The Parliament may enact statutes to cover for shortcomings in the constitution should any such special situation arise.























Article 28. Amendments to Constitution
i. Any amendment to the constitution shall be put to the vote of the people and for it to pass, it shall require at least 60% of the votes in its favor.
ii. A bill to such a referendum shall be first passed by the Executive Council by a 3/4ths majority or a petition to this effect must be approved by the majority of the population of at least one tribune, before it is put to vote.
iii. Certain regulations concerning amendments to the constitution may be made by the Parliament.